Sentry Select Insurance Company v. Caterpillar Inc
| Sentry Select Insurance Company |
| Caterpillar Inc |
| 2:2007cv00165 |
| May 22, 2007 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| Joseph S Van Bokkelen |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| CASE DISMISSED pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (sda) |
| Filing 33 STIPULATION to Dismiss by Defendant Caterpillar Inc. (Sanders PHV, Steven) |
Order VACATING Telephonic Scheduling Conference set for 10:00 a.m. on 7/23/08 before Judge Joseph S. Van Bokkelen. Cnsl has indicated the case has been settled, dismissal papers to be filed in approx two weeks. No PDF order to follow. (imr)
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| Filing 32 NOTICE of Hearing: Telephonic Scheduling Conference set for 7/23/2008 10:00 AM (CST) in Hammond before Judge Joseph S Van Bokkelen. Court will initiate the call.(imr) |
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Filing 31
NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Paul R Cherry is now terminated. All further matters will now be handled by Judge Joseph S Van Bokkelen unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (smb)
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Filing 30
ORDER, Motions terminated: #13 MOTION for Summary Judgment filed by Caterpillar Inc pursuant to DE #29 Notice by Caterpiller Inc Re [13} Motion for Summary Judgment #14 Brief in Support of Withdrawal. No PDF to follow. (imr)
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| Filing 29 NOTICE by Caterpillar Inc re #13 MOTION for Summary Judgment, #14 Brief in Support of Withdrawal (Sanders PHV, Steven) |
| Filing 28 ANSWER to #27 Amended Complaint by Caterpillar Inc.(Sanders PHV, Steven) |
| Filing 27 AMENDED COMPLAINT against Caterpillar Inc, filed by Sentry Select Insurance Company. (Attachments: #1 Exhibit "A")(Masse, David) |
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Filing 26
ORDER GRANTING Defendant Caterpillar Inc.'s Second #23 Motion to Compel Discovery. Plaintiff to produce to Defendant the parts as described in the motion for non-destructive examination and inspection. Signed by Judge Paul R Cherry on 12/20/07. (sda)
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| Filing 24 AFFIDAVIT in Support re #23 Second MOTION to Compel Discovery Cert of Attempt to Resolve filed by Caterpillar Inc. (Attachments: #1 Exhibit 10/31/07 Ltr to Plaintiff#2 Exhibit 11/08/07 Ltr to Plaintiff#3 Exhibit 11/21/07 Ltr to Plaintiff)(Sanders PHV, Steven) |
| Filing 23 Second MOTION to Compel Discovery by Defendant Caterpillar Inc. (Attachments: #1 Exhibit Expert report of Thomas Goodney)(Sanders PHV, Steven) |
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Filing 25
ORDER that the Court GRANTS the Motion To Amend Case Scheduling Order [DE 22]. The Court now ORDERS that (1) Plaintiff shall have until December 31, 2007, to amend its pleadings; (2) Defendant shall have until January 31, 2008, to amend its pleadings; (3) if Plaintiff files an Amended Complaint deleting all causes of action/liability theories other than breach of warranty, Caterpillar will withdraw the pending Motion for Summary Judgment with leave to file a revised dispositive motion no later than May 31, 2008, but it Plaintiff chooses to stand upon its current Complaint, Plaintiff shall file its response to the pending Motion for Summary Judgment on or before January 15, 2008, with no further extensions permitted; (4) the dispositive motion deadline is set for May 31, 2008; (5) Plaintiff shall have up to and including January 15, 2008, to respond fully to each of the written discovery requests that have been served upon it up to the date of the filing of the instant Motion to Amend Scheduling Order; (6) Plaintiffs expert witness disclosures and reports shall be delivered to counsel for Defendant no later than March 3, 2008, and Plaintiffs expert witnesses shall be produced for deposition no later than March 31, 2008; (7) Defendants expert witness disclosures and reports shall be delivered to counsel for Plaintiff no later than April 28, 2008, and Defendants expert witnesses shall be presented for deposition no later than May 26, 2008; and (8) the discovery deadline is set for June 6, 2008, such that any written discovery that a party wishes to serve shall be served at such a time that the deadline for responses pursuant to the Federal Rules of Civil Procedure shall not be later than June 6, 2008. As a result of the revised scheduling order, the Court DENIES as moot the Motion to Compel Discovery [DE 17]. Signed by Judge Paul R Cherry on 11/27/07.
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| Filing 22 MOTION to Amend/Correct Case Scheduling Order by Plaintiff Sentry Select Insurance Company. (Masse, David) |
| Filing 21 AMENDED DOCUMENT by Sentry Select Insurance Company. Proposed Amendment to Case Scheduling Order. (Masse, David) |
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Filing 20
ORDER GRANTING Plaintiff's Second Agreed #19 Motion for Enlargement of Time to File Response to Defendant's Motion for Summary Judgment. Response to be filed by 12/3/2007. Signed by Judge Paul R Cherry on 11/8/07. (sda)
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| Filing 19 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Plaintiff Sentry Select Insurance Company. (Masse, David) |
| Filing 18 (REFILED AS DE #19 - THIS DOCUMENT WAS FILED WITHOUT THE ELECTRONIC SIGNATURE) Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Plaintiff Sentry Select Insurance Company. (Masse, David) Modified on 11/2/2007 (sda). |
| Filing 17 First MOTION to Compel Discovery by Defendant Caterpillar Inc. (Attachments: #1 Affidavit Cert of Attempt to Resolve#2 Exhibit Ex A - Interrogs to Plaintiff#3 Exhibit Ex B - Request for Production to Plaintiff#4 Exhibit Ex C - Ltr to Plaintiff of 9/13/07#5 Exhibit Ex D - Ltr to Plaintiff of 9/27/07#6 Exhibit Ex E - Ltr to Plaintiff of 10/16/07)(Sanders PHV, Steven) |
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Filing 16
ORDER GRANTING Plaintiff's #15 Motion for Enlargement of Time to File Response to Defendant's Motion for Summary Judgment.Response to be filed by 11/1/2007. Signed by Judge Paul R Cherry on 10/3/07. (sda)
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| Filing 15 MOTION for Extension of Time to File Response to Defendant's Motion for Summary Judgment by Plaintiff Sentry Select Insurance Company. (Masse, David) |
| Filing 14 BRIEF in Support of #13 MOTION for Summary Judgment filed by Caterpillar Inc. (Attachments: #1 Complaint#2 Affidavit)(Sanders PHV, Steven) |
| Filing 13 MOTION for Summary Judgment by Defendant Caterpillar Inc.Response to be filed by 10/1/2007 (Sanders PHV, Steven) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Joseph S Van Bokkelen for all further proceedings. Judge Philip P Simon no longer assigned to case. Signed by Judge Robert L Miller Jr on 7/27/2007. (rmn)
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| Filing 10 ANSWER to Complaint by Caterpillar Inc.(Sanders PHV, Steven) |
| Filing 11 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 7/12/2007 before Judge Paul R Cherry. Pla appeared by atty David Masse. Dft appeared by atty Steven Sanders. Planning Meeting Report #9 adopted through the close of discovery. Any amendments to the pleadings to be filed by 8/18/2007 by Pla and by 9/17/2007 by defense. Discovery deadline is 3/17/2008. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 11/30/2007. Depositions of Pla experts to be completed by 1/4/2008; Defendant expert witness disclosures and reports to be delivered to the plaintiff by 2/4/2008. Depositions of Defend experts to be completed by 3/3/2008. Initial Disclosures to be exchanged by 7/18/2007. In the event confidentiality becomes an issue as to discovery documents counsel are encouraged to attempt to resolve or file motion requesting a protective order. All other dates/ddl to be set by the District Court upon conclusion of discovery. (#Digitally Recorded.) (smb) |
| Filing 9 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit Confidentiality Agreement)(Sanders PHV, Steven) |
| Filing 8 Letter from Attorney Steven P. Sanders stating that when this case was removed he inadvertently forgot to file the Answer of Caterpillar Inc. that had been filed in state court prior to removal. (Answer is attached as Exhibit 1) (Attachments: #1 (Answer by Caterpillar Inc. that was filed in state court on 5/21/07)) (sda) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Caterpillar Inc. (Sanders PHV, Steven) |
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Filing 6
ORDER granting 5 Application to Appear Pro Hac Vice of Attorney Steven P Sanders PHV for Caterpillar Inc. Signed by Judge Paul R Cherry on 6/1/07. (sda)
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| Filing 5 APPLICATION for Attorney Steven P. Sanders to Appear Pro Hac Vice on behalf of Caterpillar Inc. ; Receipt #2209705. (sda) |
| Filing 4 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (smb) |
| Filing 3 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 7/12/2007 09:30 AM before Magistrate Judge Paul R Cherry w/the Court initiating the conference. Proposed discovery plan in accordance with FRCP 26(f) due by 7/9/2007.(smb) |
| Filing 2 NOTICE OF REMOVAL by Caterpillar Inc from Lake Superior, case number 45D040704CC00050. ( Filing fee $ 350), filed by Caterpillar Inc. (Attachments: #1 Civil Cover Sheet #2 Other State Court Pleadings)(sda) |
| Filing 1 COMPLAINT against Caterpillar Inc filed by Sentry Select Insurance Company in Lake Superior Court on 4/26/07.(sda) |
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| Plaintiff: Sentry Select Insurance Company | |
| Represented By: | David W Masse |
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| Defendant: Caterpillar Inc | |
| Represented By: | Steven P Sanders PHV |
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